Saturday, October 15, 2011

This is by no means inended to disparage the image of our judicial system in America which happens to be the best around the world. Instead, it is a solemn call to return to the original quality of justice our forefathers held when they drafted the Constitution, and a call for justice and the appearance of justice for all, as prescribed by the United States Supreme Court, the United States Department of Justice, The United States Congress and the Historical and Honorable President of the United States, Barack Obama whose citations are an integral part of this Federal Case. Plaintiffs hasten to maintain that America is still the best among all countries around the globe with a unique democratic system second to none. Plaintiffs further maintain that, this is not another ploy to achieve a fifteen-minutes of fame as some would conjure up. Plaintiffs kindly ask the public to abstain from conjectures that would only complicate and increase pain further in this case after nearly seven years of mental anguish and torturous suffering. Plaintiffs believe that the democratic system of check-in-balances in America can purify itself upon findings of irregularities and inconsistencies.

This is an unprecedented Federal case # 3:06cv95 entailing Real Property, property rights, fundamental and civil rights and whole livelihood lost causing severe injuries in damages and collateral damages (Bankruptcies and foreclosures) to Pro Se plaintiffs while the President of the United States is pushing for jobs creation. I am your host, Sony Roy and I am a Pro Se plaintiff that has suffered bitterly at the hand of the Walton County for nearly seven years despite all attempts to obtain relief and bring this matter to finality.

This case has been metamorphosed beyond recognition to another style unrecognized by plaintiffs. In plaintiffs' view, the judicial system has lost its austerity in Florida and plaintiffs have not seen and cannot see the appearance of justice neither justice itself as required by the United States Supreme Court and the Constitution for nearly seven years. The judicial system has been vitiated in Federal court through misleadings and irregularities in the proceedings against African American plaintiffs, husband and wife for more than thirty years which forced the whole family to split after being impoverished and loosing their homestead in the State of Georgia by the unjust actions of the Walton County in Florida. Pro Se plaintiffs lost their property appraised at $11.3 MM and that was so appealing in its castle-style that the Donald Trump financing division wanted to finance the whole project except that the three consecutive Stop Work Orders (SWO) placed illegally within a twelve-month period and for the same reasons by the Walton County, nullified the property to extinction thus, causing a rippling of collateral damages for plaintiffs. This happened while plaintiffs were in talks with Morgan Stanley Dean Witter in the State of Georgia for a possible IPO upon completion of the project and the two years required for approval by the SEC. Total financial damages and collateral damages exceed fifteen Million Dollars.

Plaintiffs further understand now that "The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services, a compensation, which shall not be diminished during their continuance in office."

Just before we begin, we wish to present this simple statistical analysis of FRAUDS UPON THE COURT being a highly popular issue, resulting from an SEO code search as listed, published or alleged in the United States and abroad: as you can check for yourself here by clicking: GOOGLE There are4,060,000,000.00 (Four Billion Sixty Millions sites) on Google alone, that address the subject of FRAUDS UPON THE COURT. In the public view as would be in the Supreme Court's view, this is momentous, highly popular and worthy of due considerations and analyzes. Indeed, according to the number of sites on that subject, more than half of the world's population seems to be interested or impacted by that subject. There is nothing new in what plaintiffs have found here. Indeed, these stats prove that this is the way to cleanse the system and African American plaintiffs found and alleged ten unprecedented FRAUDS UPON THE COURT that are germane to the the United States citizenry.

Plaintiffs begin with one of the integral quotes cited repeatedly during these proceedings from the current President of the United States: . “. . . [t]he empathy to understand what it's like to be poor, or African-American, or gay, or disabled, or old. And that's the criteria by which I'm going to be selecting my judges. . ." As David Beito and I discussed in this article “African-Americans, the poor, and the politically weak tend to be the biggest victims of government violations of property rights. Since World War II, hundreds of thousands of people - most of them poor minorities - have been forcibly displaced by "blight" and "economic development" condemnations. The United States President, the Honorable Barack Obama. This article was released by the CATO Institute. Unfortunately, plaintiffs report back to the President of the United States that, apparently, the court in Florida doesn't think the same way due to their actions.

Plaintiffs went on to cite before the 11th Circuit Appellate Court in December 2010 "The three great rights are so bound together as to be essentially one right. To give a man his life, but deny him his liberty, is to take from him all that makes his life worth living. To give him his liberty, but take from him the property which is the fruit and badge of his liberty, is to still leave him a slave." - George Sutherland, Associate Justice of the United States Supreme Court, 1921. Incidentally, that December Oral argument was termed by the Appellate Scholars in their unpublished opinion, "excellent."

Plaintiffs cited the late former President of the U.S. the Honorable Ronald Reagan who stated "When it comes to property rights, the Government has never been the solution, but the problem."

These citations are among many other great quotes of United States Statesmen and mostly the current President and former Presidents, and as to be expected, from the HIGHEST COURT holding national jurisdiction for good cause over the entire United States as understood by Pro Se plaintiffs.

On or about September 21, 2011, the African American plaintiffs filed their alleged TEN FRAUDS UPON THE COURT in Florida for what plaintiffs viewed as a Judicial System vitiated by inconsistencies and irregularities that are crippling the system and hindering it from finding justice as exhibited below after nearly seven years of exemplary patience by plaintiffs. Pro Se plaintiffs in desperate need of relief, respectfully request that the Scholars and Justices of the UNITED STATES SUPREME COURT enforce the POWERS of the high court to halt the excruciating and torturous pain, hardship, damage and demise of an African American family facing the absence of justice and its appearance while standing with the undaunted courage of factual truths and unwavering evidence. Plaintiffs were damaged and injured as recognized by the lower court in Florida and the lower court in bankruptcy proceedings and about five foreclosures in court, Plaintiffs' claim of injustice was acknowledged by the Walton County before plaintiffs went to court, plaintiffs demise and injuries traced to the Walton County's violation was expertly recognized by the Appellate court that came short of reversing the lower court's ruling.

This case is even more interesting, for the lower court applied the test of Constitutional Standing and the case passed that test, yet the lower court apparently and for some unknown reasons which plaintiffs categorized as FRAUD UPON THE COURT, refused to obey the rules of the SUPREME COURT as laid down for the public in plaintiffs' view and despite plaintiffs' injuries, the lower court, on September 27, 2011 called the case frivolous as understood in an apparent retaliatory manner. So plaintiffs are stuck in a legal maze and technical complexity while missing their jobs, livelihood, property, property rights along with their fundamental rights with much mental anguish compounding their injuries. The intervention of the Supreme Court of the United States is much needed immediately here in Plaintiffs' view.

LEGAL EDUCATION: What is FRAUD UPON THE COURT? This question can be best answered by the United States Supreme Court not by untrained minds regardless of competence or legal knowledge. In Bullock v. United States, 763 F.2d 1115, 1121 (10th Cir. 1985), the court stated "Fraud upon the court is fraud which is directed to the judicial machinery itself and is not fraud between the parties or fraudulent documents, false statements or perjury. ... It is where the court or a member is corrupted or influenced or influence is attempted or where the judge has not performed his judicial function --- thus where the impartial functions of the court have been directly corrupted." FRAUD UPON THE COURT as understood by Pro Se plaintiffs, is where the court or a member is corrupted or influenced or influence is attempted or where the judge has not performed his judicial function, thus where the impartial functions of the court have been directly corrupted." Plaintiffs further understand that FRAUD UPON THE COURT is "when an officer of the court commits fraud during a proceeding in the court, he/she is engaged in FRAUD UPON THE COURT in Bulloch v. United States 763 F.2d 1115, 1121 (10th Cir. 1985). More over, FRAUD UPON THE COURT has been defined by the 7th Circuit Court of Appeals to embrace that species of fraud which does, or attempts to defile the court itself, or is a fraud perpetrated by officers of the court so that the judicial machinery cannot perform in the usual manner its impartial task of adjudging cases that are presented for adjudication." Kenner v. C.I.R. , 387 F.3d 689 (1968). Who is an officer of the Court? Lawyers are officers of the court as understood by plaintiffs. Federal judges are Judicial Officers of the Court. There are intrinsic and extrinsic frauds that can be committed by parties and their attorneys as understood by plaintiffs, but, Fraud upon the court can be committed only by lawyers or/and judges respectively officers and judicial officers of the court, not by civilians even in the case of one acting under the power of attorney, as further understood by plaintiffs.

Now, without further ado, here are the alleged TEN FRAUDS UPON THE COURT in Florida:

Injury #1) The lower court admitted at the onset that plaintiffs had Constitutional Standing to bring their claims. This was not done randomly, it was placed on a court order after the Constitutional standing test was done. Now, after exhausting all these years in court, the lower court has espoused what the defendants have said, by calling this case frivolous. This is injurious and to the detriment of plaintiffs who relied on RULE 60 to have their day in court before a Jury or Grand Jury which is apparently feared by the lower court and the Walton County. Here, clearly, plaintiffs are loosing their Constitutional Standing, because the lower court refuses to reopen this case for the public to see. What's in it to hide asked the plaintiffs? What is hidden in this case serve only to hurt the plaintiffs more and more.

Injury #2) The apparent fear of Rule 60 is also construed as an apparent fear of a Jury or Grand Jury trial that would unveil all before the United States. Plaintiffs are confident that such would calm all surmising while the truth comes out crystal clear. Again, the refusal of Rule 60 to reopen the case with new evidences, omitted facts like the TAKINGS analyzes, and a Summary judgement with disputed material facts on the record, is another factor that proves that plaintiffs are right and the lower court and the Walton county were wrong when they stated that plaintiffs claims or case were frivolous.

Plaintiffs filed for Rule 60 reopening for more than one month, seeking MANDATORY RELIEF and the outcome was an all-too-familiar delay while facing Rule 60 with new evidences and proof. This sort of delay is well-acquainted with by plaintiffs, and they never yielded justice nor the appearance of justice for nearly six years in this case. Indeed, plaintiffs think of this as a mockery from the defendants who call plaintiffs' injury as described by the lower court, "FRIVOLOUS." Please, please, give me liberty or give me death said Patrick Henry and reechoed by Pro Se African American plaintiff Sony Roy.

With this case before the nation, the property rights issues as stated by the 75th Attorney General, Edwin Messey that would become a stronger issue than what was on the docket on 2005, plaintiffs turn with confidence to the highest Court on earth (in their view) as instructed by their parents at a tender age. Pro Se plaintiffs are now looking for a legal solution from the POWERS THAT BE after nearly seven years of exemplary patience and under sheer mental agony. Plaintiffs cry out to the highest legal authority, the conscience of America and plaintiffs join the late Patrick Henry on that memorable day to say "Give me liberty or give me death." Plaintiffs know that leaders like the Honorable and historical President Barack Obama and the first lady will never tolerate anything of that sort with other great leaders like former President William Jefferson Clinton, the distinguished lady Hillary Clinton, Former President Jimmy Carter and the late and former President Ronald Reagan, the former presidents George W. Bush, Father and Son, and all the way back to President Thaft in 1911, they all resisted the temptation of making light of property rights since they understood it to be the heart of the economic force of this nation. Our current President Barack Obama whose quotes are integral part of these proceedings specially now "urges Congress to pass the American Jobs Act to put more people to work, put more money in the pockets of working Americans and give the economy the jolt it needs right now". (October 8, 2011 excerpts) Yet, down in Florida, it is a different story as they took away our job, our livelihood and our property and property rights. A Judge has allowed African American property and their jobs to be taken without just compensation, as the Florida 1995 Act demands in the case of TAKINGS such as in here. Plaintiffs lost all their property at the hands of an unsupervised County left to act according to what they thought was right in their own eyes. May plaintiffs find favor in the eyes of the high authorities at the Supreme Court that holds jurisdiction over the entire United States and for good cause. These individuals whose integrity plaintiffs have come to believe immensely in, are capable to handle FRAUDS UPON THE COURT like the Honorables John G. Roberts, Chief Justice, Samuel Alito,Stephen Breyer, Ruth Bader Ginsburg, Elena Kagan, Anthony Kennedy, Antonin Scalia, Sonia Sotomayor, Clarence Thomas.

Therefore, before deep involvement of public opinion and not knowing what else to do, plaintiffs are turning to the Supreme Court first for help in the restoration of legal order in our homeland.

Plaintiffs hasten to point out that what they had suffered in this case so much, they do not wish the same on any body else regardless of race, gender, creed, origin and nationalities. The current President Barack Obama, whose quotes are integral part of these proceedings specially now as he "urges Congress to pass the American Jobs Act to put more people to work, put more money in the pockets of working Americans and give the economy the jolt it needs right now" (October 8, 2011 excerpts) seems to utter a different command from what plaintiffs are experiencing down in Florida, with a Judge that allowed African American property and their jobs to be taken away without just compensation or any relief as the Florida 1995 Act demands in the case of TAKINGS here and who wants to turn the African American plaintiffs into the offenders instead of the injured. And, the case has changed, as the fight now is a 1983 racial discrimination as seen on Pacer. By changing the label, the defendants hope to change the style for a case already carved on concrete. Plaintiffs lost their property, their property rights, their fundamental rights at the hands of a minor government apparently protected by the Federal court in Florida and as though that was not bad enough, the Federal Judge wants the injured and impoverished plaintiffs to pay for attorney cost.

This is an attempt to change something highly visible meaning Property and property rights violations into something that is highly imperceptible, that is 1983 racial discrimination which was perhaps the reason why plaintiffs suffered hardships but not the what is the hardship in question. Why would Federal Judges become so impervious with such a wide array of evidence pointing to the cause of that injustice and a wide range of discretionary tools in their hands? Plaintiffs do not know. Perhaps, some of the defendants want to lessen and water down this case like in the days of Dr. Martin Luther King, Jr., nobody knows why and it seems that the court is bent on looking at the case only one way to plaintiffs' further hurt and detriment. The lower Court stated that plaintiffs had Constitutional Standing based on tests that justify the legality of plaintiffs claims. Once anyone sees those facts, the panorama will begin to shift and clear prejudice as committed by the lower court will emerge with a written apology nearly one year after plaintiffs apply for relief from March 2006 till February 2007. Plaintiffs do not know why. Neither can a court correct itself in case of FRAUDS UPON THE COURT. The intervention of the high court and/or the Congress and/or the DOJ/ and or the Executive Branch would be indispensable, in plaintiffs' eyes.

in the compendium put together by the National Economic Council, Council of Economic Advisers, and Office of Science and Technology Policy it states that "We can create the jobs and industries of the future by doing what America does best – investing in the creativity and imagination of our people. To win the future, we must out-innovate, out-educate, and out-build the rest of the world. This case apparently, is working in the opposite direction unless redirected by the firm hands of the Supreme Court the Legislative and the Executive, if needed, as time is running out and the lower court continues to operate as though nothing happens.